State v. Kinderman

In my opinion defendant’s father had no authority in fact or in law to consent to a search, without a warrant, of defendant’s personal belongings located in the closet of his bedroom. Hence, the evidence thereby obtained should not have been received in evidence.

U. S. Const. Amend. IV, adopted as Minn. Const, art. 1, § 10, provides as follows:

“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly…